BILL NUMBER: SB 2082	CHAPTERED  09/18/00

	CHAPTER   476
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 16, 2000
	PASSED THE SENATE   AUGUST 28, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN ASSEMBLY   JUNE 28, 2000
	AMENDED IN SENATE   MAY 3, 2000

INTRODUCED BY   Senator O'Connell

                        FEBRUARY 25, 2000

   An act to add Section 1834.8 to the Civil Code, relating to animal
testing.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 2082, O'Connell.  Animals:  safety testing.
   Under existing law, any pound or animal regulation department of a
public or private agency where animals are turned over to a research
facility is required to post a clearly visible notice that animals
turned in to the agency may be used for research purposes.
   This bill would prohibit manufacturers and contract testing
facilities from using traditional animal test methods in this state
for which an appropriate alternative method has been scientifically
validated and recommended by the United States federal Inter-Agency
Coordinating Committee for the Validation of Alternative Methods or
other specified agencies.  The bill would make a civil action for
injunctive relief the exclusive remedy for enforcing these
provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1834.8 is added to the Civil Code, to read:
   1834.8.  (a) Manufacturers and contract testing facilities shall
not use traditional animal test methods within this state for which
an appropriate alternative test method has been scientifically
validated and recommended by the Inter-Agency Coordinating Committee
for the Validation of Alternative Methods (ICCVAM) and adopted by the
relevant federal agency or agencies or program within an agency
responsible for regulating the specific product or activity for which
the test is being conducted.
   (b) Nothing in this section shall prohibit the use of any
alternative nonanimal test method for the testing of any product,
product formulation, chemical, or ingredient that is not recommended
by ICCVAM.
   (c) Nothing in this section shall prohibit the use of animal tests
to comply with requirements of state agencies.  Nothing in this
section shall prohibit the use of animal tests to comply with
requirements of federal agencies when the federal agency has approved
an alternative nonanimal test pursuant to subdivision (a) and the
federal agency staff concludes that the alternative nonanimal test
does not assure the health or safety of consumers.
   (d) Notwithstanding any other provision of law, the exclusive
remedy for enforcing this section shall be a civil action for
injunctive relief brought by the Attorney General, the district
attorney of the county in which the violation is alleged to have
occurred, or a city attorney of a city or a city and county having a
population in excess of 750,000 and in which the violation is alleged
to have occurred.  If the court determines that the Attorney General
or district attorney is the prevailing party in the enforcement
action, the official may also recover costs, attorney fees, and a
civil penalty not to exceed five thousand dollars ($5,000) in that
action.
   (e) This section shall not apply to any animal test performed for
the purpose of medical research.
   (f) For the purposes of this section, these terms have the
following meanings:
   (1) "Animal" means vertebrate nonhuman animal.
   (2) "Manufacturer" means any partnership, corporation,
association, or other legal relationship that produces chemicals,
ingredients, product formulations, or products in this state.
   (3) "Contract testing facility" means any partnership,
corporation, association, or other legal relationship that tests
chemicals, ingredients, product formulations, or products in this
state.
   (4) "ICCVAM" means the Inter-Agency Coordinating Committee for the
Validation of Alternative Methods, a federal committee comprised of
representatives from 14 federal regulatory or research agencies,
including the Food and Drug Administration, Environmental Protection
Agency, and Consumer Products Safety Commission, that reviews the
validity of alternative test methods.  The committee is the federal
mechanism for recommending appropriate, valid test methods to
relevant federal agencies.
   (5) "Medical research" means research related to the causes,
diagnosis, treatment, control, or prevention of physical or mental
diseases and impairments of humans and animals or related to the
development of biomedical products, devices, or drugs as defined in
Section 321(g)(1) of Title 21 of the United States Code.  Medical
research does not include the testing of an ingredient that was
formerly used in a drug, tested for the drug use with traditional
animal methods to characterize the ingredient and to substantiate its
safety for human use, and is now proposed for use in a product other
than a biomedical product, medical device, or drug.
   (6) "Traditional animal test method" means a process or procedure
using animals to obtain information on the characteristics of a
chemical or agent.  Toxicological test methods generate information
regarding the ability of a chemical or agent to produce a specific
biological effect under specified conditions.
   (7) "Validated alternative test method" means a test method that
does not use animals, or in some cases reduces or refines the current
use of animals, for which the reliability and relevance for a
specific purpose has been established in validation studies as
specified in the ICCVAM report provided to the relevant federal
agencies.
   (8) "Person" means an individual with managerial control,
partnership, corporation, association, or other legal relationship.
   (9) "Adopted by a federal agency" means a final action taken by an
agency, published in the Federal Register, for public notice.
